A date has finally been set for the trial against the Cinemark theater owner in Aurora, Colorado, where James Holmes unleashed gunfire during a showing of “The Dark Knight Rises” on July 20, 2012, killing 12 people and wounding 70. The federal trial is slated to take place in July 2016.
There have been multiple personal injury cases filed by the victims and families of the victims against the theater owner, claiming that there was inadequate security the night of the movie showing. At the request of many of the victims’ attorneys and the theater owner’s lawyers, the trial has been set so far in advance to make certain that the criminal case for James Holmes is resolved before civil cases proceed.
The criminal trial must come to an end before a gag order is lifted from law enforcement officials. Only then can evidence be gathered for the civil trial against the theater owner.
According to an article in the Denver Post, attorney Christina Habas, who represents several of the theater victims said, “We essentially don’t have a single photograph, a single piece of evidence that we can show to a jury.”
U.S. District Judge R. Brooke Jackson believes that the issue is whether the theater could have foreseen a tragedy such as this occurring, not whether or not the issue happened. Therefore, there will be differing evidence for the criminal and civil cases.
Currently 20 premises liability lawsuits from various victims and their families await legal action. All plaintiffs believe the theater should have had better security on the midnight showing of “The Dark Knight Rises.”
Our thoughts and prayers continue to go out to the victims that perished in this horrific incident, as well as their surviving loved ones. If you or a family member has been affected by any type of personal injury or wrongful death due to what you believe was negligence or inadequate security, contact Colorado legal representative R. Mack Babcock for a free consultation.